Child support: if there is 1 child, two or three children in the family

When assigning alimony, the question arises about the distribution of the amount of funds between children from different marriages. There are a number of nuances in this division, which are discussed in this article.

Alimony for children from different marriages

There are often situations in life when one of the parents, most often the father, leaves the family. Then the child’s mother files an application for the collection of child support. If such a father creates a new family, which also breaks up, then he must also pay alimony in favor of the children from this marriage.

Parents must provide for their children in accordance with Article 80 of the RF IC. It does not matter whether these children were born in an official marriage or not. The payment period is until the children reach the age of 18. But if the child is disabled in the first group or is studying full-time at a university, then payments can continue after that.

How are they processed?

If a father who has left the family does not refuse to fulfill his obligations to support the children, then he must conclude agreements with their mothers for each individual, that is, for each child. But this is provided that all children are from different mothers. If, for example, there are three children from one mother and two from another, then it is enough to conclude only two contracts.

If the father voluntarily refuses to pay child support, then the mother sues him and the amount of payments is determined by a court decision. The second wife does the same.

The court decisions indicate obligations to each family, namely:

• Amount of payments;
• Periodicity;
• General payment period.

Moreover, if such a father also has a minor child from a third marriage, whose mother has not filed a claim for alimony, then the guardianship authorities must do this for her.

Amount of payments for children from different families

The amount of payments from wages and other income is determined in a specific amount, which is divided among all recipients. The main rule when determining such an amount is the equality of all children.

Amount of benefits for two children

It is important to take into account that each child must receive the same amount, and you cannot pay less than what the court ordered.

According to Article 81, the amount of alimony should be 33% of the father’s income. The question arises about alimony for two children from different marriages: how much interest will each child receive? If payments are divided between two children, then each will receive 16.5% of the income of the father paying child support.

Moreover, this article of the Insurance Code states that when providing for one child, the father must pay him at least a quarter of all his profits from all income.

Amount of compensation for three children

What percentage of child support for three children will each child receive? In this case, the total amount of payments increases. The same Article 81 of the Family Code states that in the case of providing alimony for three children from different marriages, the parent must give half of his income.

With an equal division of this amount, each child accounts for 16.6% of the parent's income. But several separation options are possible:

• If all three children are from different marriages or are raised in different families, then by law it is necessary to transfer 16.6% to each of them;
• If two children are raised by one mother, and the third by the second, then the father will transfer 33.2% to the first family, and 16.6% to the third child. A mother raising two children must spend the amount received equally on them;
• All three children are from the same mother. In this case, according to the law, you need to transfer all 50% of your income to her in one payment. She is obliged to divide this amount herself in equal shares for the needs of all children.

If a parent already pays child support and receives a claim for child support for another child, then he must apply for an adjustment in the amount of payments.

If the father is unemployed

In relation to the unemployed, as a rule, either the recovery of 33% of the unemployment benefit or the recovery of alimony in a fixed amount is applied, the amount of which is calculated depending on the size of the subsistence level and the minimum wage.

The cost of living is divided by the minimum wage. Approximately, one child accounts for 1.2 minimum wages.

A fixed amount is applied to those unemployed who are not registered. Another option for determining the amount of child support they should pay is based on their last salary. At the same time, he must find a job and pay off his alimony debt.

Payments to a pregnant woman

The woman carrying the defendant's child also has the right to file for alimony. The father is obliged to pay them until the child reaches the age of three.

The court will evaluate the woman’s need for money, whether she has other children, etc. As a rule, in this case, payments will be assigned in a fixed amount.

Child support payments if there are three, four or more children

In the case of three or more children from different mothers, the amount of payments is 50% of the father's income. But in reality, when two mothers file separate claims, the total amount for them can reach 66% of the income. According to Article 138 of the Labor Code, it does not exceed the upper permissible limit.

Calculation example

How can I reduce child support for my first child from 25% to 16.6% or less?

Child support for children from different marriages may vary in absolute terms for several reasons. Firstly, in the event of a new relationship regarding the payment of alimony.

An increase in the number of children leads to an increase in the percentage of income that is withdrawn as alimony. But for each child, payments are reduced. So, if child support is paid for only one child, then he gets 25% of the parent’s income.

If there are two, then 33%, but each only gets 16.5%. If there are three, half the income, but each gets 16.6%.

Secondly, there are a number of circumstances that the court may consider reasons for reducing the amount of alimony. This:

• The payer has become a disabled person of the first or second group;
• The payer has very large incomes and the interest established by law results in huge amounts;
• The alimony supporter supports many dependents and their number is increasing, that is, while paying a large share of income as alimony, he does not have enough money to support the remaining dependents;
• The children are provided for by the state. The parent living with them does not spend money on their maintenance;
• The child’s income from property or inheritance is greater than the amount of alimony paid by the father;
• A sharp and significant decrease in the father's income.

To confirm these circumstances, you must provide the court with all available documents - birth certificates of new children, a certificate of decreased income of the alimony provider, medical documents confirming his health problems that led to disability.

On what income is alimony calculated?

Alimony for children from different marriages is calculated from the basic income of the payer - salaries, pensions, scholarships, benefits, dividends, business profits. One-time payments are not taken into account - bonuses (but not always), rewards, etc.

In practice, most often only a percentage of the salary is withdrawn as alimony. This is because in reality it is often difficult to track all income, because some of it is unofficial.

But if the ex-wife who filed a claim for alimony has learned about the presence of unaccounted income, she can apply to the court with a request to recalculate the amount of payments.

If the applicant has documents about the expensive treatment of the child, then the amount of alimony may be increased.

Payments in a fixed amount

Another option for calculating alimony is possible - payments in a fixed amount. That is, instead of a percentage of income, the payer transfers a fixed amount monthly. This amount is tied to the minimum wage and changes along with changes in the minimum wage.

As a rule, this approach to determining the amount of alimony is applied to persons whose income is variable or unclear. Namely:

• The payer does not have a permanent job;
• Salary is unstable, different every month;
• The work is unofficial;
• Payment is made in kind;
• Payment in foreign currency.

The unemployed person will be asked for 33% of his unemployment benefits.

There are also situations when an unemployed person actually has good shadow income. This is evidenced by his buying expensive things. In this case, the interested party conducts an investigation and provides evidence to the court.

Methods for collecting alimony

There are only two ways - a voluntary agreement between the payer and the parent, guardian of the recipients, or a lawsuit.

Alimony agreement

This is a document signed by both parties and certified by a notary. It indicates the payment amount and date. An agreement on alimony is equivalent to an executive decision of the court.

Judgment or order

A pre-trial alternative to an agreement is the consideration of the case by a magistrate. This is possible if there is no conflict regarding recognition of paternity and other complications of the case. The magistrate considers the application for alimony within five days and issues a court order. The payer must pay alimony within 10 days of each month from the date appointed by the judge.

In case of violation of the order, the case is referred to the court, where a decision will be made on the forced collection of alimony. If the payer refuses or violates the terms and amounts of payments, penalties are also applied to him.

Article 115 of the Insurance Code describes the liability of an unscrupulous payer. Liability is also provided for officials who incorrectly calculated and assigned alimony.

Source: https://rualimenty.ru/alimenty-na-3-detej-ot-raznyx-brakov-skolko-procentov-budut-uderzhivat/

Child support: if there is 1 child, two or three children in the family

After a divorce is decided, the question of alimony always arises. According to Art. 80 C of the Russian Federation, parents are obliged to support their children. But many do not know how to apply for child support.

How to apply for child support

Many people are interested in what kind of alimony there are?

In accordance with the law, a decision to pay alimony can be made:

• by agreement of the parties;
• judicially.

Voluntary agreement on alimony.

An agreement to pay alimony can be concluded at any time. Parents discuss possible payment options and, having reached agreement, draw up a document. An important condition is that the agreement must be notarized.

In this case, it is vested with the powers of a writ of execution, and the recipient of the payment has the right to turn to the bailiffs if the payment terms are violated.

So, any form of payment can be fixed in the agreement:

• cash in a fixed amount;
• cash as a percentage of wages;
• in kind through the acquisition of agreed property, things or items necessary for the child;
• alimony for wife.

But the situation when one of the parents believes that he should not
participate in the child’s life is not uncommon.
In this case, alimony can be requested in court.

Alimony through court

If agreement could not be reached, then the parent with whom the child remained to live has the right to apply for child support . Since a marriage with children must be dissolved in court, alimony can be declared when considering a divorce case.

If the party has not put forward such a demand, then it can be stated at any time after the marriage is dissolved.

According to the approved Post. Rules of the Russian Federation dated June 18, 1996 No. 841 (with recent amendments) “On the list of types of wages ....” There are clearly indicated types of income that alimony recipients can claim.

According to the Family Code, the court collects alimony in terms of
wages:

• per child – ¼
• for two – 1/3
• for three or more – ½

• The law also establishes that the court takes into account the financial
  situation of the parties when calculating the percentage of alimony .
• One of the main arguments for downsizing is the presence of other children.
• The basis for revising alimentary obligations
  upward may be:

• difficult financial situation, for example,
  caused by layoffs at work;
• child's illness;
• termination of funding from another source
  (death/illness of a new spouse who supported a child from a previous marriage).

Child support: what percentage of salary.

How to apply to court for alimony

A magistrate judge considers alimony cases. An exception is consideration in a case of divorce and division of property, the amount of which exceeds 500 thousand rubles.

In these cases, alimony is not separated into a separate proceeding and is considered on its merits.

Today there are two procedural options for considering such
cases:

• claim proceedings
• writ proceedings.

1. The difference between the proceedings is regulated
   by the Code of Civil Procedure, but translating the language of the law into something understandable to ordinary
   people, the following points can be highlighted.
2. To summarize, we can answer that a court order is a simplified procedure.
3. In this case, it is worth submitting an application to the magistrate if the other party agrees to pay, but for some reason does not do so.

The amount of alimony must also be determined . But it is important to understand that in case of disagreement, an objection will be filed and the court order will be canceled.

Read also: Permission for a child to travel abroad: a new law if divorced

Making an application is quite simple. In court, there are always templates on the information stand. also view a sample application for alimony here:

Download the statement of claim for alimony. [254.07 KB]

If a decision is made to file an application for a court order, it should look something like this:

Regardless of the chosen method of legal proceedings, copies of the following documents must be attached to the application:

These are the main documents that are necessary for
the application to be accepted for consideration.

Also, if the plaintiff claims an increased amount of alimony , he will have to prove the validity of this demand.

How to change the amount of alimony

If the size was established by voluntary agreement, then it should include a clause on changing the size.

In most cases, this is formalized by an additional agreement, which also needs to be certified by a notary. If one of the parties is against it, then it is necessary to go to court.

If an agreement was not reached and the amount of payments was established by a court decision, then to change it in one direction or another it is necessary to file a statement of claim.

It must document the facts that affect the amount of obligations.

What to do if your ex-husband does not pay child support?

Unfortunately, this problem is very acute. Many women are confident that once enforcement proceedings have begun, payments will be received.

But this is only possible if the ex-spouse has an official salary. In this case, a percentage of the salary will be deducted and transferred to the specified account.

non-payment of alimony especially affects those whose ex-spouses do not officially work.

Today there are several ways to influence defaulters:

• Revocation of driver's license. On January 15, 2016, amendments were made to the Federal Law “On Enforcement Proceedings...”. Now, if alimony in the amount of more than 10,000 rubles is not paid, the driver may be limited in the right to drive a vehicle.
• For this, a writ of execution and the fact of debt are sufficient. You can return your rights only after full repayment of the debt.
• Ban on traveling abroad. Also imposed by bailiffs if the amount of debt is more than 10,000 rubles.

Also, persistent defaulters may be subject to
penalties such as:

• correctional labor (up to 12 months);
• community service (20 – 180 hours);
• arrest (up to 3 months);
• imprisonment (from 1 to 3 years).

Alimony 70 percent: in what cases will the court order.

Conclusion

It is important to understand that there are many serious methods of influencing alimony defaulter.

Therefore, if a person refuses to bear responsibility for his child, then it is necessary to go to court and achieve justice.

Child support.

Source: https://pravasemei.ru/alimenty/alimenty-na-rebenka-v-2020/

Reducing the amount of alimony upon the birth of a third child in a second family

In practice, a situation cannot be ruled out when not only a second, but also a third child is born from a second marriage. If a parent pays child support for one or two children, then he may be interested in the question of how to reduce child support upon the birth of a third child.

Is it possible to reduce payments?

The Family Code states that:

• firstly, alimony is calculated as a share of the payer’s income;
• secondly, up to 25% of income is withheld for one child, up to 33% for two children, and up to 50% for three children.

Based on this, we can conclude that the total amount of payments cannot decrease; it will only increase until it reaches 50% of income. But payers do not set a goal to reduce the total amount of funds paid; they mainly want more money to remain in the second family. But this is already quite possible to achieve.

In exceptional cases, the court can reduce payments for each dependent separately, naturally, equalizing their size. For example, based on a judicial act, the father will be obliged to pay not 50% of the income, but 40 or some other percentage.

Possible situations

There are several typical situations related to the issue under consideration:

1. Funds are withheld for the first child. But neither the second nor the 3rd child receives payments, at least not compulsorily.
2. The money is paid to the son or daughter from the first marriage, as well as for one child in the second marriage.
3. Funds are already being paid for 2 children, but the question of reducing the amount of support for the oldest minor has not yet been raised.
4. Child support is not collected for any child.

Whatever the situation, a reduction in the amount of alimony due to the birth of a third child in a complete family occurs according to one of two schemes. More about them a little later.

For now, let us dwell on what legal norms govern legal relations within the framework of the issue being described.

Legal basis

You can reduce the amount of money given to your first child based on:

• Art. 81 RF IC;
• Art. 119 RF IC.

You also need to refer to the norms of the Civil Procedure Code, which establishes the procedure for drawing up and filing various procedural documents:

• statement of claim;
• petitions or complaints.

But we should dwell in more detail on the articles of the RF IC.

What is discussed in Art. 81 IC RF

Part 2 of this article states that the court can reduce the size of the shares discussed above, based on:

• the financial condition of the payer or recipient of alimony payments;
• the composition of their families and other family circumstances;
• other circumstances that the court deems worthy of attention.

Based on this legal provision, we can draw the following conclusion: the payer may have the right to petition the court to reduce the withholding share in connection with the birth of the 3rd child.

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The following documents must be attached to the application:

• the birth certificate of the third minor, the second would also not hurt;
• court decision to recover funds, if any;
• income certificates;
• other documents indicating a difficult financial or difficult family situation.

You need to justify your demands by the fact that it is very difficult to pay ¼ of the income for the first child and support two more.

Of course, the court will carefully weigh all the circumstances of a particular case and take into account the position of the payer. If the ex-wife’s situation, for example, with money is difficult, then there can be no talk of reducing the retained share.

Reduction of payments under Art. 119 IC RF

Art. 119 of the RF IC gives the payer the right to file a claim to reduce the amount of payments. The grounds will be the same as above. The court will carefully study the factual circumstances of the case, identify what arguments presented by each party deserve attention, what evidence confirms:

• that the amount of alimony payments needs to be reduced;
• that the shares in which the recovery is carried out must be left unchanged.

The ex-wife, who will be the defendant in the case, may object to the ex-husband's claim. Namely:

1. She may refer to the low level of wages she receives.
2. The ex-wife may indicate that she has to contribute funds to support, for example, elderly parents.

All these arguments deserve attention. The main thing is that the court cannot ignore the interests of the minor. If it is possible to reduce the amount of payments, then only in such a case when the son or daughter will not suffer much from this.

Payment reduction schemes

When asking the court to reduce the amount of funds withheld, it is necessary to prepare in advance. In general, this right of the RF IC can be exercised in two ways:

1. Let's say money is collected for the first child. There is a second family with two children. You can, without making any unnecessary moves, prepare a petition or lawsuit in court and ask for a reduction in payments for your eldest son or daughter. The disadvantage of this method is that the plaintiff will not have evidence confirming the extent to which he supports his younger dependents. The judge may assume that the second and third children do not need anything and are doing well. Then there is no point in talking about reducing payments. In general, although the RF IC states that the interests of all interested parties must be taken into account, first of all, they stand guard over the interests of minors.
2. More savvy alimony providers do things a little differently. First, they send the current spouse with a claim to the court so that she can collect alimony for minors born in the second marriage. If money is already being collected for the second child, then good. Courts satisfy such claims in most cases, except those where it can be proven that there is a certain agreement between the plaintiff and the defendant. But proving this is not so easy. After child support has been collected for all children, the payer of the funds makes his move. He appeals to the court with a statement, where he refers to the already mentioned Art. 81 RF IC. Part one of this article states that no more than 1/2 of all income should be withheld from three minors. What happens in practice? Things don't always work out this way. How exactly - read on.

So, the following options are possible:

• the son from his first marriage already receives ¼ share of alimony, no one else receives it;
• two minors receive funds in 1/6 share each.

The plaintiff making payments must emphasize that each child has the right to the same maintenance as the others. Therefore, it is necessary to make a request to equalize the amount of payments if it is different for each child. This appears to be the case in the first of these cases.

How much will payments be reduced?

In the case where there is a redistribution of alimony between children, it is clear that the total amount of payments will not decrease. But 1/3 of the income will remain in the family, and 1/6 will be transferred to the ex-wife.

If the reduction is not related to the emergence of child support obligations for the 2nd and 3rd children, then the court reduces the retained share at its discretion, based on the actual circumstances of the case. Therefore, it would be incorrect to name the specific value of the new share. Moreover, no two cases are absolutely identical.

And there are not many similar ones. In one case, the payer receives a high income, and the recipient struggles to make ends meet. In another case, the payer does not have enough money to live. In the third, there are some persons, not children, who also have to be supported by one side or another. Everything is very individual.

Results

1. Is it possible to reduce payments in the interests of minors if a third child is born? Yes, the legislator has developed mechanisms that give the right to do this. The main thing is to implement them correctly.

2. How to reduce alimony? The Family Code of the Russian Federation clearly states that reduction is carried out only in court and only if there are compelling reasons: deterioration of financial condition, some changes in the family.

   Less significant circumstances cannot be stated as grounds for reducing payments of funds in the interests of a minor.

3. How much can payments be reduced? It is impossible to speak about this clearly. It all depends on the circumstances of a particular case.

   In some cases, the judge may order minimum payments if the alimony provider is doing really poorly. In some situations, a request to reduce payments will be denied.

Each real situation must be considered separately.

Therefore, before taking any steps, it is recommended to consult with a child support lawyer who can correctly identify all legally significant circumstances of the case, analyze them and develop a course of action leading to success. You can deal with the issue yourself, but with the help of a lawyer it is much easier and ultimately cheaper.

Source: https://sudotvet.ru/alimenty/razmer/umenshenie-tretij-rebenok.html

How is child support calculated for three children (from the same and different marriages)?

The amount of alimony for 3 children depends on the method of collection, but in some cases it may be affected by the level of earnings of the payer, the cost of living in the region where the child is registered and the average salary in the country. To correctly calculate and collect payments, you need to know the intricacies of the law.

Conditions for assigning alimony for 3 children

Contents (click to open)

Payments are assigned regardless of whether the payer has official earnings, but these factors influence their amount. The main condition is the presence of three children, and the number and order of marriages does not matter - for the person liable for alimony, the amount will be the same.

Collection of payments is made at the initiative of the recipient. Most often it becomes a woman if the children stay with her. To do this, she needs to come to an agreement with her ex-husband by concluding an alimony agreement, and if there are disagreements, claim the money in court.

Important! If a woman does not collect alimony through the court and her ex-husband does not pay it voluntarily, it will not be automatically deducted from her salary. In this case, obtaining funds for the maintenance of children is possible only through the court.

Another important criterion is that all children must be at least 18 years old. Alimony for an adult child is made only if he is incapacitated, disabled or studying. When one of the three children turns 18, the transfer of funds to him automatically stops due to the termination of the father’s child support obligations.

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Amount of alimony for 3 children according to the form of collection

The amount of payments for minors is regulated by the provisions of Chapter. 13 IC RF. Money is withheld from the official salary, and in the absence of one, from pensions, benefits, and fees. Withholding is not made only for compensation payments in case of accidents, catastrophes or for harm to life and health.

To calculate alimony in shares, it is enough to multiply the salary by 50%.

50,000 (alimony worker’s salary) x 50% = 25,000 rubles. for three in total.

When collecting fixed payments, the court takes into account the following factors:

• Living wage per child in the region. The spouses must bear the costs of maintaining children in half, but the man must not pay more than 50% of the total salary.
• Salary level in the country. This is relevant if the payer is unemployed and does not receive benefits from the Employment Center.
• Neediness of a minor. To confirm expenses for a child, a woman is recommended to collect all checks and receipts within 2-3 months, and then submit them to the court along with a statement of claim.

As a share of income

Collection of alimony as a percentage of salary is made when its amount is known and confirmed by certificates. Here the payer will have to transfer 50% of the income monthly.

Important! If a man has three children, each accounts for 16.6%. An increase in payments is possible subject to filing a claim to recover additional expenses if the child needs expensive treatment or the purchase of drugs.

In a fixed amount of money

A fixed size is assigned in the following cases:

• it is not possible to establish the exact level of earnings of the alimony obligee;
• the man is officially unemployed;
• the payer receives wages in foreign currency.

The law does not prohibit the choice of method of collecting alimony at the request of a woman.

The amount of payments in a fixed amount is influenced by average earnings - the calculation will be based on it. If there are three children and the national salary is 30,000 rubles, you will have to pay 15,000 rubles. monthly on average, but the minimum cost of living per child, as well as the financial situation of both parties, also matters here.

Mixed payouts

When the payer has several sources of income, mixed alimony may be awarded. In this case, part of the payments is made in a fixed amount and another part in shares of earnings.

How is child support divided for three children?

Regardless of the number of marriages for the payer, the amount will be no more than 50% of the salary:

• One child from each marriage: mothers receive 16.6%.
• Two children in one marriage, a third in another. A mother of two children will receive 33.2% of the payer’s salary, a third child – 16.6%.

3 children and wife on maternity leave

If a woman has three children and is on maternity leave, the amount of payments can be increased to 70% of earnings on her initiative through the court.

The Savelyevs divorced in 2017. Three children, the youngest was 7 months old at the time of divorce. The woman filed a lawsuit to collect alimony for the children and herself, because she is on maternity leave and needs financial support. A man’s salary is 70,000 rubles. monthly. The plaintiff’s request was granted; she will receive 15% of her salary from the defendant.

How the calculation was made:

70,000 x 50% = 35,000 rub. - payments for children. Each person receives 11,666.66 rubles.

70,000 x 15% = 10,500 rub. – alimony for the ex-wife.

35,000 + 10,500 = 45,500 rub. collected from the man in total.

Children from different marriages

Each child is entitled to 16.6% of the father's earnings if there are three children in total. Blood relationship and number of marriages does not matter.

Example from practice:
Amelin O.L. had her first child in 2008, and divorced in 2009. The court ordered to pay 25% of the salary.

In 2011, the payer had a second daughter from another marriage, and in 2013, payments were assigned to her.

In total, he would have had to pay 50% of income for two children if he had not applied for a reduction in the amount of payments to 33%, as required by law. The claim was satisfied.

In 2014, Amelin had a third child, and child support for him was assigned in the amount of 25% of his salary in 2016. Between the three of them, it turns out to be 58% of the income, which is contrary to the law. The payer submits an application to the court to reduce payments and receives a positive decision.

Amelin pays 50% of her earnings of 80,000 rubles for three children. How much do mothers receive to support each child?

80,000 x 50% = 40,000 rub. – payments in total for everyone.

40,000/3 = 13,333.33 rubles each. for everyone.

4th child born

There are also the opposite situations - the person obligated to pay alimony pays money for the maintenance of three children, but in a new marriage he has a fourth child and his wife goes on maternity leave.

The financial situation is deteriorating, which is the basis for reducing the amount of payments (Article 81 of the RF IC).

To do this, the payer needs to apply to the court with a statement of claim and provide evidence indicating poor financial wealth.

The final amount of alimony is determined by the court after studying the case materials. The financial situation of all parties to the paperwork is taken into account.

The procedure for collecting alimony

There are three ways to collect alimony:

The step-by-step algorithms are different, as are the legal requirements regarding documents.

Voluntary agreement

An alimony agreement is concluded if the parties have no disagreements regarding the frequency and amount of payments. What is needed for this:

1. Determine the amount and date of transfer of money.
2. Visit a notary and draw up an agreement. It must comply with the requirements of Art. 100 IC RF.
3. Have the document certified by a notary.

The former spouses each have one copy of the agreement in their hands. If a man stops transferring money, the woman can provide a document from his place of work. Then the alimony will be withheld by the accountant, since in legal force the agreement is equivalent to a writ of execution.

Claim proceedings

Filing a claim is relevant in case of disagreements and malicious evasion of alimony payments:

1. The woman prepares documents and submits a statement of claim to the court at the place of registration of the defendant. If it is unknown, you can contact your registered address.
2. At the end of the proceedings, the plaintiff receives a copy of the court decision and a writ of execution. The documents are submitted to the FSSP, where the bailiff takes all measures to enforce the collection of money.

Order proceedings

You can reduce the collection period by requesting alimony in the order of writ proceedings:

1. The woman submits an application for a court order along with other documents.
2. The judge issues an order within 5 days after the application is registered. No meetings are held, and the participation of the parties during the consideration is not required.
3. The claimant receives the order and transmits it to the bailiffs or to the payer’s employment address.

If he disagrees with the order, the alimony obligee can challenge it in the manner of claim proceedings by filing an application for its cancellation. The period for challenging is 10 calendar days from the date of issue.

Grounds for termination of payments

The specifics of termination of alimony obligations are regulated by Art. 120 IC RF. According to it, a man may not pay alimony if:

• The agreement has expired.
• The children turned 18 years old. For other minors, funds continue to be transferred.
• Children are adopted or adopted.
• The child is 16 years old and officially works and does not need money.

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In the latter case, the alimony obligee must go to court and provide evidence indicating that the child is self-sufficient in everything necessary, as well as confirming the fact of his employment.

New law

Since 2017, the Federal Law “On Enforcement Proceedings” has been amended, according to which persistent defaulters may lose their driver’s license. If necessary, the bailiff imposes a ban on traveling abroad, so it will not be possible to obtain a foreign passport if you have alimony debts.

Malicious debtors are brought to administrative or criminal liability, but in 2018, by order of the president, the rates for calculating penalties were reduced from 0.5% to 0.1% of the debt amount per day of delay.

The amount of alimony for three children is set by the court, but the plaintiff makes the preliminary calculation independently. To do this, you need to know the formula for calculating payments as a share of the salary or the conditions for assigning them in a fixed amount.

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Source: https://SocPrav.ru/alimenty-na-troih-detej

Alimony for 2 children from different marriages: amount and calculation procedure

Alimony for 2 children from different marriages is considered a non-standard procedure for calculating monetary compensation and raises many questions.

This article will explain how the total amount of alimony benefits withheld monthly from the income of a payer who has several children born from different women should be divided.

In addition, it will be discussed how exactly the amount of this monetary assistance is determined, as well as specific examples from life.

Alimony for children from different marriages

It happens in life that a parent, who in most cases is a father, leaves the family and has child support obligations to a minor child.

Then, after some time, he begins to live with another woman, as a result of which he has children, but this family also breaks up, and, accordingly, they want to withhold alimony benefits from the individual’s income.

Attention! By law, an individual who has the status of a parent is obliged to provide for all of his minor daughters and/or sons (Article 80 of the RF IC), regardless of whether they were born in or out of wedlock. If at the moment the payer allocates alimony from his earnings for three children, and one of them turns eighteen years old, then he should no longer financially support him in such a situation.

How to register

If a parent does not refuse to provide for all of his natural children, then he can enter into alimony agreements with their mothers.

This agreement must be drawn up for each individual separately, but if, for example, two of the payer’s children are raised by one woman, and three more by another, then two agreements must be drawn up.

However, if an individual wants to record in writing the provision of alimony for children, each of whom lives in different families, then it is necessary to draw up agreements for each of them separately.

If the procedure for collecting alimony payments is carried out through the judicial authorities, then everything is resolved automatically.

A woman raising a son/daughter from her first marriage, whether civil or official, files a lawsuit, after which an order is issued to collect payments, and the father simply fulfills his obligations recorded in this document.

Then, after some time, the spouse does the same for the children from the second marriage, after which another court order is also issued, and so on.

Each order records the alimony obligations of an individual relating to each family separately.

The document states how much money the payer must allocate, with what frequency, and also for how long he must do this.

If an individual has, for example, a minor son from a third marriage who needs financial support, but his mother for some reason does not file a claim in court, then by law the guardianship authorities must do this.

Amount of payments for children from different families

As for the amount of payments withheld from wages, as well as non-main sources of income of the parent, as a rule, this is a certain amount that is divided among all children.

The main rule, which is mandatory when calculating the amount of alimony for minor individuals living in different families, who are brothers and/or sisters, states that the same amount must be allocated for each of them. In other words, all children are equal before the law.

Amount of benefits for two children

If, for example, the father of two individuals born in different marriages is faced with the task of determining the amount of money for their maintenance, then he must remember that the same amount of money must be allocated for one and the second child. It is also necessary to take into account the fact that it is unacceptable to pay less than the amount that would be awarded based on claims filed by mothers.

As for child support for two children, the withholding of which occurs through the court, there are several main points:

1. Rule 81 of Article RF IC. The first part of this legislative act states that the amount of the share withheld from the payer’s earnings to provide for two minor individuals (daughters and/or sons) should be one third. In other words, the parent will receive a profit of thirty-three percent less than before, since it will be withheld for child support.
2. Each child will receive 16.5%. Since the total amount that will be collected from the parent’s income is thirty-three percent, in order to transfer cash payments for each child, it is necessary to divide it by two. The result is 16.5 percent per individual.

Also, article number 81, located in the RF IC, shows that in order to provide for one child, it is necessary to provide him with at least one quarter of all types of profit every month.

Let’s say a parent already pays 1/4 of his money monthly to his minor son, but over time he becomes obligated to provide child support also for his recently born daughter, but in a different family.

In such a situation, thirty-three percent of his income will be withheld, which will be equally divided between the children, which means that the first child will receive a slightly smaller amount than before (not 25%, but 16.5%).

Amount of compensation for three children

As for determining and distributing the amount of alimony payments in situations where the payer is the father (or mother) of three children from different marriages, here again it is necessary to seek help from article number 81, fixed in the Family Code. The legislative act states that if an individual has three minor children, then in total he is obliged to pay half of his earnings for their maintenance.

One-half of the profit is fifty percent. Based on the law of equality of children, it becomes clear that this percentage must be divided by three. After this, the figure is equal to 16.6%. In this regard, there are several possible options for transferring alimony for the maintenance of three children:

• Send 16.6% to each child. If all three children are born from different marriages or for some reason are simply raised in different families, then in order to avoid problems with the law, the payer must personally transfer 16.6% of his monthly profit for each of them.
• Allocate 33.2% for two children and another 16.6% for another child. It can also happen that two children grow up in the same family, and they have the same mother, and the third is born from a different woman. In such a situation, the payer needs to make a cash transfer in the amount of 33.2% of income, intended to support two children, which their mother is obliged to spend equally on everyone, and then another transfer in the amount of 16.6% should be made for the third child.
• Transfer 50% in one payment. If all three children of the alimony payer are from the same woman, then the entire amount for their maintenance must be provided in one money transfer. The mother must independently divide the funds received into three, and then spend them exclusively on the needs of the children.

If an individual who already pays child support is required to provide payments for one or more children, then in order to adjust the amount of the previous compensation benefit, he needs to write a statement of claim containing the corresponding request.

Source: https://grazhdaninu.com/semya/alimentyi/na-2-detey-ot-raznyih-brakov.html

Alimony for three children, if one of them is from a first marriage - Pravoved.RU

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1) Can a husband, after having two children, independently reduce the amount of alimony to his ex-wife? He paid the amount of alimony as agreed with his ex-wife. Now she will not agree to less and is threatening to sue.

2) how much he will have to pay alimony from 25,000 thousand to his ex-wife, if he has two children under 3 years old and I am supported by him.

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Lawyers' answers (1)

Good afternoon If the salary is 25,000 rubles, then 1/3 for two children is approximately 8,333 rubles, if the ex-wife does not agree, she can go to court, this is exactly the amount that will be awarded for two children, if the specified earnings of 25,000 rubles are taken as a basis , plus the wife can file a claim for alimony on herself until the children turn 3 years old.

RF IC, Article 81. Amount of alimony collected from minor children in court1.

In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter , for two children - one third, for three or more children - half of the earnings and (or) other income of the parents.2 .

The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

Article 90. The right of the former spouse to receive alimony after divorce1.

The following have the right to demand alimony in court from a former spouse who has the necessary means for this: the ex-wife during pregnancy and for three years from the date of birth of their common child; a needy former spouse caring for a common disabled child until the child reaches the age of eighteen or a common child who has been disabled since childhood, group I; a disabled, needy former spouse who became disabled before the dissolution of the marriage or within a year from the date of dissolution of the marriage;

a needy former spouse who has reached retirement age no later than five years from the date of divorce, if the spouses have been married for a long time.

2. The amount of alimony and the procedure for providing it to the former spouse after divorce may be determined by agreement between the former spouses.

Source: https://pravoved.ru/question/1400217/

Alimony for one, two, three children. Maximum and minimum amount, indexation of alimony

The responsibilities of each parent include maintaining their child or children and providing them with a decent standard of living ( Article 80 of the RF IC ). This responsibility is assigned to both the father and the mother. If the parents do not live together, the amount of alimony and the procedure for paying it are determined by the court.

Methods of paying alimony

Upon divorce, parents can agree among themselves on the amount of child support. , a settlement agreement will be signed which will determine a fixed amount of alimony. The collection of alimony, if there is an agreement, can occur without the participation of the court.

Child support for one child

According to Art. 81 of the RF IC , if there is one child in a family, then deduction is made in the amount of 1/4 of the parent’s earnings .

Alimony in a fixed amount is also paid if the parent has unstable earnings. This amount is determined based on the maximum possible income of the parent that he can receive (Article 83 of the RF IC).

In other cases, alimony is paid as a percentage of salary. The amount of child support depends on the number of children to be supported.

Amount of child support for two children

If there are two children in a family, then in the amount of 1/3 of the parent’s earnings. And if there are two children, but they are from different marriages. How then to calculate alimony? Like for two children, but divided equally, or like for one, but double the amount?

Of course, in this case, the amount of alimony is calculated as two children, only divided equally. Thus, the parent must pay 1/3 of the total income as alimony, according to Art. 81 of the RF IC , so he has two children - 1/6 for one child, and 1/6 for the second child (the children are equal).

But, more often it happens that the first child receives 1/4 of the income, and the second 1/6 . In this case, equalization of shares should occur. A parent who is obligated to pay child support can file a lawsuit to change the amount of that child support. This right is given to him by Art. 119 RF IC.

Calculation of child support for three or more children

If the family has many children and there are three or more children, then the amount of alimony is ½ of the parent’s earnings. This is exactly how alimony is calculated for three children from different marriages. They are entitled to equal shares.

Thus, each child will receive 1/6 of the parent's income.

The parent’s earnings from which alimony is calculated and withheld include the income provided by the Government of the country. These types of income include:

• All bonuses and additional payments;
• Payments for sick leave and vacation pay;
• Benefit from citizen participation in the management of various forms of business ownership (LLC, individual entrepreneur, closed joint stock company and others). These are dividends, share payments and more;
• Other monetary amounts that are provided for in the List of types of wages with the latest amendments dated January 17, 2013.

The amount of allowance is calculated from the income that remains after paying all taxes.

Until 2012, a parent must pay child support until the children reach adulthood. Now, if a child is a full-time student at a university, the parent is required to pay child support until the age of 23.

Maximum and minimum amount of alimony

It is possible to change the amount of child support. The decision to change the amount of payments is made by the court. It is determined based on the payer’s financial situation and life situations. Change can happen in either a positive or negative direction.

But, if the change occurs in the direction of increasing the amount, then the limit is not established by law. The parent can take on all the costs of maintaining the child, pay for his education and recreation, and participate in additional expenses. The payout limit is not limited.

Changes in the amount of alimony towards reduction are going to be limited. In 2013, there were no such regulations. However, in 2014, a draft law was submitted to the State Duma, which proposes to establish a minimum amount of alimony for one child of 15,000 rubles.

However, the payment for child support should not be less than the subsistence minimum, which is established by law in the region where the child lives.

The amount of alimony, which is paid in a fixed amount, must be indexed (Article 117 of the RF IC) . According to Art. 9 of the Law “On Enforcement Proceedings” No. 229-FZ of October 2, 2007, such an obligation is assigned to the person to whom the executive document is sent:

• Bailiff;
• Organization;
• A different face.

Indexation of alimony

Indexation occurs according to the increase in the cost of living in the federal subject where the child lives. For example, since 2013, the minimum wage has been indexed by 6.7%. Consequently, the amount of alimony should be increased by 6.7%.

If the parents have entered into a payment agreement, then it should also provide for indexation. For example, a parent undertakes to annually increase the amount of child support each year by the percentage of inflation. If this clause is not in the agreement, then indexation occurs in accordance with the above rules.

History from judicial practice

Komova R.D. appealed to the court. with a claim for the recovery of alimony for the maintenance of a daughter born in 2009 from her ex-husband and arrears thereon. In 2012, the marriage between the plaintiff and her ex-husband was dissolved.

Since then, the ex-husband has provided financial support to R.D. Komova. did not provide assistance, did not pay child support, which greatly complicated the financial situation of the mother and child. The plaintiff supported the child alone, there are testimonies from witnesses.

My daughter attends kindergarten and also art school. The plaintiff presented receipts for payment from these institutions.

In the lawsuit, citizen R.D. Komova indicated that she demands to collect alimony in the amount of 6,000 rubles per month from her ex-husband. The plaintiff was able to justify this amount in court.

In addition, she demands the collection of arrears in the amount of art school fees. Such an agreement was concluded between the former spouses orally, but in the presence of witnesses. Witnesses confirmed this.

The amount of debt is 33,000 rubles.

The court, having considered all the circumstances of the case, having studied the level of the defendant’s income and the plaintiff’s expenses for the child, decided to satisfy the claim in full and to recover the arrears of payments from the defendant in full.

Source: https://topurist.ru/article/53476-alimenty-na-odnogo-dvuh-treh-detey-maksimalnyy-i